ENVS 3200 Study Guide - Final Guide: Environmental Law, Fixed Price, Herbicide
17 Oct 2016
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Law exam Questions
10 point questions about 50 words
Choose 4 out of 5
1. Canada’s laws that regulate and manage the environment fall into two
categories, laws of general application and sectoral laws. What is the
difference between these and what effect does this have on environmental
legislation
• Environmental law general application laws are laws that apply to
everyone and all activities that typically pertain to issues such as
pollution control, and resource natural resource protection, and may
sometimes appear to overlap or conflict environmental legislation.
Sectoral laws deal with specifics such as water, forests, or industrial
sectors like fisheries or waste management; they cover a wide range
of considerations but often include important provisions.
2. Canada is a federal state with the authority to govern divided between the
federal government and the provinces. What is the basis for this division of
powers and what effect does this have on environmental regulation
• Laws divide federal and provincial areas of authority. The provinces
constitutional jurisdiction over management of sale of public lands,
municipal institutions, property and civil rights and local and private
matters, while federal jurisdiction over functional and conceptual
matters (i.e., taxation, trade, navigation, etc.) . Environment becomes a
shared constitutional subject with various elements (split
jurisdictions) falling under provincial or federal legislation or both
.
3. How do international laws dealing with environment affect Canadian
environmental laws?
• International laws influence Canadian domestic laws by imposing
requirements Canada must carry out. It can be used to encourage or
promote provincial action on the basis of Canada having made specific
environmental commitments internationally that need fulfillment
now, it can also be used to enact legislation in areas of its own
jursdiction
4. Environmental regulation relies heavily on standards what are these
standards and how are they developed
•
5. What are the two principal economic instruments used to control activities
that are harmful to the environment and what are the factors that would
favor the use of one or the other?
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• Fixed price measures: tax and subsidy incentives that are
implemented to reduce pollution (emission taxes and subsidies).
Other is preferred as they do not provide limit or cap on amount of
pollution discharge
• Tradable Emission Rights: rights that represents specified emission
quantities issued to polluters and that might be traded. Other is
preferred as baseline usually set too high resulting in redistribution of
pollution instead of reducing
30 point questions
AT LEAST 500 WORDS
Choose 2 out of 3
1. At the end of the herbicide trial Elizabeth may said that in her opinion the
Judge erred in his interpretation of the applicability of the tort of trespass in
this case. Keeping in mind that this must be assessed in the context of the
knowledge available at the time of the trial, do you think Ms. May was correct
in her opinion? If so why; if not, why not.
2. Explain the distinction between stakeholder interests and aboriginal
rights in relation to the environment. Where is each founded? Giving effect
to each involves consultation. Describe and compare the consultation
processes and comment on how they can fulfill the goals of each.
Aboriginal rights and laws refer to the laws and collective rights held
by Aboriginal peoples in any number of ways, in Canada Aboriginal rights
and laws cannot be considered without understanding environmental issues,
and vice versa when considering environmental law one must understand
the law regarding aboriginal title to the land and the right to hunt fish,
logging for domestic use, gathering. These rights are founded under a
number of key documents, the first is the Royal Proclamation, 1763 issued by
King George III, and the second is the Constitution Act, 1867 (formerly
known as the Bristish North America Act) which outlines jurisdiction of
federal and provincial governments; section 91(24). A number of treaties and
other land agreements exist across Canada, and also need to be understood
when considering environmental law, these pertain to a number of statutes
that are relevant to aboriginal law. These treaty rights refer to land
agreements, Peace and Friendship Treaties, the Right to fish for moderate
livelihood and gather in traditional hunting and fishing grounds, etc.
Stakeholder interests refer to parties who have interests in the matters or
issues, and should be consulted with or listened to when matters of the
interest arise.
Consultation refers to the reconciliation of prior presence pertaining
to Aboriginal peoples with Crown sovereignty, whether it is between the
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Choose 4 out of 5: canada"s laws that regulate and manage the environment fall into two categories, laws of general application and sectoral laws. What is the basis for this division of powers and what effect does this have on environmental regulation: laws divide federal and provincial areas of authority. The provinces constitutional jurisdiction over management of sale of public lands, municipal institutions, property and civil rights and local and private matters, while federal jurisdiction over functional and conceptual matters (i. e. , taxation, trade, navigation, etc. ) International laws influence canadian domestic laws by imposing requirements canada must carry out. Other is preferred as they do not provide limit or cap on amount of pollution discharge: tradable emission rights: rights that represents specified emission quantities issued to polluters and that might be traded. Other is preferred as baseline usually set too high resulting in redistribution of pollution instead of reducing.
